A.
Landscaping requirements. All projects shall be suitably landscaped,
including the provision of effective screening along the property
boundaries, including side and rear boundaries abutting streets.
B.
Pedestrian circulation. Sidewalks and pathways shall be designed
to provide safe and convenient access between buildings and internal
recreation, parking, service areas and public transportation routes.
In no case shall buildings be closer to one another than 25 feet in
an R4 District.
Except as modified hereafter, the regulations for townhouse
structures shall apply to:
A.
Building length. The maximum building length of any townhouse structure
shall be 225 feet.
B.
Utilities. Each townhouse shall be a self-contained one-family dwelling
unit with independent plumbing, heating, cooling and utility systems
and facilities. Adequate public water, sewerage and storm drain facilities
must be available.
C.
Building spacing and layout. Townhouse structures shall be located
so that monotonous and undifferentiated silhouettes are avoided. In
no case shall townhouse structures be closer to one another than 25
feet.
A manufactured home may be permitted within any zoning district
where single-family dwellings are permitted pursuant to this chapter,
provided that the follow requirements are met:
A.
The manufactured home shall be a minimum of 18 feet in width.
B.
The manufactured home shall meet the setback requirements of the
applicable zoning district in accordance with this chapter.
C.
The manufactured home shall be affixed to a permanent foundation,
and all towing devices, wheels, axles, and hitches shall be removed.
D.
The manufactured home shall be placed on the lot in such a manner
that is compatible with and reasonably similar in orientation to any
site-built housing in adjacent or nearby locations.
E.
No more than one manufactured home shall be allowed on a single lot.
In-law apartments may be permitted where authorized pursuant to Article 2 of this chapter, provided that the following requirements are met:
A.
An in-law apartment shall be classified as an accessory structure
and shall therefore not count towards the number of permitted dwelling
units.
B.
An in-law apartment shall only be permitted in a single-family dwelling.
C.
No more than one in-law apartment shall be permitted on any lot.
D.
An in-law apartment shall not exceed 800 square feet, shall be restricted
to one bedroom, and shall be connected to the same utilities as the
principal dwelling.
E.
An in-law apartment shall be located within or attached to the single-family
dwelling and shall not have a separate entrance.
F.
An in-law apartment shall not be located within or attached to an
accessory structure.
A single private outdoor swimming pool per dwelling is permitted
as an accessory use to a residential structure. Any edge of such pool
shall not be located closer than 10 feet to any lot line nor in any
front yard, and such pool shall not occupy more than 10% of the maximum
lot coverage specific to the applicable zoning district. Adequate
safety measures, sufficient to make such pool inaccessible from the
outside to small children, shall be provided and maintained by the
owner of the land on which such pool is situated.
A.
Purpose. The purpose of regulating home occupations is to allow home
office or small business development within dwellings and their accessory
structures in residential neighborhoods, while still preserving the
value and character of the existing residential properties.
B.
Prohibited occupations. Prohibited home occupations include those
that would generate adverse impacts to, or are incompatible with,
the existing character of a residential neighborhood, as determined
by the Code Enforcement Officer. For the purposes of this section,
the following uses are specifically prohibited as home occupations:
(1)
Medical facilities.
(2)
Animal day care, animal boarding, veterinary facility, or animal
shelters.
(3)
Motor vehicle sales and service, motor vehicle fuel sales, motor
vehicle repair shop.
(4)
Cannabis retail dispensary.
(5)
Supermarket.
(6)
Car wash.
(7)
Performing arts center.
(8)
Restaurants.
(9)
Transit facility.
(10)
Light or heavy industry and manufacturing facilities.
(11)
Warehouse and warehousing.
(12)
Hotels and motels.
(13)
Cultural venue.
(14)
Public or private schools (excepting home-schooling).
(15)
Truck-driving school.
C.
Requirements. A home occupation use shall comply with the following
minimum requirements:
(1)
The home occupation must be clearly incidental and secondary to the
use of the residential dwelling and shall conform to all requirements
of the New York State Uniform Building and Fire Prevention Code.
(2)
The residential character of the lot and structures located thereon
shall be preserved. Structural alterations or additions of a nonresidential
nature shall be prohibited.
(3)
The home occupation shall be owned and operated by a full-time resident
of the dwelling.
(4)
(Reserved)
(5)
No more than two employees shall be permitted that are not residents
of the dwelling.
(6)
No more than one unlighted sign measuring no larger than two square feet in size, identifying the business, attached flat against the building, shall be permitted. A sign permit pursuant to Chapter 138, Signs and Billboards, shall be required.
(7)
There shall be no outdoor storage of materials, goods, supplies,
or equipment related to the home occupation visible from adjoining
properties or a public right-of-way.
(8)
No home occupation shall produce odors, noises, dust, vibrations,
glare, or any other nuisance not typically found in a residential
neighborhood.
(9)
No expansion of a driveway for the purposes of accommodating employees
and/or customer parking shall be permitted.
(10)
No traffic is generated by the home occupation in any greater
volume than would normally be expected from a dwelling unit in the
residential neighborhood in which the use is to be located.
A.
Allowed districts and approvals.
(1)
Cannabis retail dispensaries may be allowed in the Broadway Business
District (BBD) and T5 Zoning Districts with issuance of a special
use permit and site plan approval.
(2)
All Village approvals shall be conditioned upon issuance of the applicable
licenses by New York State.
(3)
All Village approvals issued under this section shall have a term
limited to the duration of the applicant's use of the premises
as a licensed operator.
B.
Location requirements.
(1)
Required separation distances.
(a)
The following separation distances shall be required consistent
with applicable New York State regulations pertaining to adult-use
retail dispensaries:
[1]
School grounds. No cannabis retail dispensary shall be located on
the same road and within 500 feet of school grounds, as this term
is defined in this chapter.
[2]
Religious use. No cannabis retail dispensary shall be located on
the same road and within 200 feet of a building occupied exclusively
as a religious use.
(b)
Separation distances shall be measured in a straight-line between
property boundaries.
(3)
Entrances. The principal entrance must be located on a public thoroughfare
at street level.
C.
Home occupation prohibited. No cannabis retail dispensary shall be
permitted as a home occupation.
D.
Security.
(1)
All cannabis retail dispensaries shall provide proper security at
the premises meeting minimum standards set forth by the Office of
Cannabis Management to deter and prevent illegal activities from taking
place on or near the applicant's premises and to avoid conduct
that has an adverse effect on the health, safety and/or welfare of
employees, customers, and the surrounding neighborhood.
(2)
A security plan shall be provided with the site plan/special use
permit application.
E.
Outdoor storage. No cannabis retail dispensaries shall be permitted
to store products, materials, or other supplies outdoors.
F.
Control of emissions and waste.
(1)
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids, and other substances from exiting a cannabis retail
dispensary shall be provided at all times.
(2)
All site plan/special use permit applications for cannabis retail
dispensaries shall provide an odor and waste control plan that provides
for proper and adequate ventilation and demonstrates that any odors
and waste associated with the cannabis retail dispensary shall be
effectively confined to the premises and so treated as to avoid any
negative impacts to neighboring properties.
(3)
The facility operator shall properly dispose of all such materials,
items, and other substances in a safe, sanitary, and secure manner
and in accordance with all applicable federal, state and local laws
and regulations.
G.
Discontinuation of use and license revocation. If the cannabis retail
dispensary ceases to operate in accordance with the applicable State
of New York license or if the license issued pursuant to the MRTA
is revoked by the State of New York, the facility operator shall immediately
notify the Code Enforcement Officer, the applicable special use permit
and site plan approval shall automatically be revoked, and all materials,
cannabis products, equipment, and signage shall be removed from the
premises and properly secured in accordance with applicable State
of New York requirements.
A.
Purpose and intent. This section is enacted to allow for the orderly
and desirable placement, construction and modification of communications
towers, antennas and accessory communications structures within the
Village of Menands, while ensuring the Village's residential
neighborhoods, mixed-use districts, and parks are not negatively impacted.
B.
Permitting.
(1)
New communications towers. Except as otherwise provided by this chapter,
no person shall be permitted to site, place, build, construct, or
prepare any site for the placement or use of a new communications
tower as of the effective date of this chapter without having first
obtained a special use permit in accordance with this section.
(2)
Modification or co-location on existing legally permitted communications
towers. Except as otherwise provided by this section, the proposed
co-location of new transmission equipment on, or the modification
of a legally permitted communications towers existing on the effective
date of this section, shall require site plan approval, except a special
use permit shall be required if the proposed modification or co-location
will increase the height of the existing tower.
(3)
Modification or co-location on preexisting, nonconforming communications
tower. Except as otherwise provided by this section, the modification
or co-location on a communications tower that is not in conformance
with this section and existed on the effective date of this section
shall require a special use permit in accordance with this section,
but at no time shall the height of said wireless communications tower
be increased.
(4)
Co-location on existing tall structure. Except as otherwise provided
by this section, the proposed co-location of new transmission equipment
on an existing tall structure shall require a special use permit in
accordance with this section.
C.
Exemptions to these regulations are limited to:
(1)
Satellite dishes and television antenna(s) and related equipment
that are accessory to residential and commercial establishment, provided
that they do not exceed the maximum height permitted by this chapter
by more than 10 feet.
(2)
Amateur radio facilities as licensed by the Federal Communications
Commission (FCC).
(3)
Any repair and maintenance of a communications tower consisting of
the replacement of any components of a wireless facility where the
replacement is identical to the component being replaced or involving
the normal repair and maintenance of a wireless facility without the
addition, removal or change of any of the physical or visually discernible
components or aspects of a wireless facility that will add to the
visible appearance of the facility as originally permitted.
(4)
Where these regulations conflict with other laws and regulations
of the Village of Menands, the more restrictive shall apply, except
for tower height regulations that shall be governed by these standards.
E.
Prioritizing siting locations.
(1)
Applicants shall be required to comply with the priorities set forth
herein when selecting the location for any new communications tower
structure or co-location facility. Additionally, applicants must refer
to the Village's planning documents, including the Comprehensive
Plan and other relevant Village planning materials to help minimize
aesthetic and visual impacts to community character in the detailed
site planning and design for any project.
(2)
An applicant shall locate, co-locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the priorities expressed within this section, with Subsection E(3)(a) below being the highest priority and Subsection E(3)(e) below being the lowest priority. An applicant shall not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structures as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.
(3)
Prioritization. The siting of new communications towers and antennas
shall be guided by the following prioritization of methods and zoning
districts:
(a)
Co-location on existing communications sites or tall structures,
regardless of the zoning districts.
(b)
Use of appropriate alternative tower structures, within allowed
zoning districts east of Broadway (Route 32).
(c)
Use of two or more shorter tower structures as an alternative
to one taller structure, within allowed zoning districts, provided
that the potential cumulative adverse visual impacts are less than
what would occur with the use of one taller structure.
(d)
New standalone communications towers west of Broadway (Route
32) in allowed zoning districts.
(e)
New standalone communication towers west of Broadway (Route
32) in allowed zoning districts.
F.
Site selection criteria.
(1)
In all cases, co-locating on existing tall structures or utilizing
appropriate alternative tower structures or nonresidential structures
are preferred methods of providing service, provided that there is
no significant adverse impact to residential property within 500 feet
of said structure or accessory equipment that cannot be mitigated.
(2)
If the proposed property site is within a residential district, as
defined herein, then a detailed explanation must be provided as to
why a site of higher priority method or location was not selected
for the provision of service to the service area identified in the
application. The applicant seeking such an exception must satisfactorily
demonstrate, by objectively verifiable data, the reason why a site
in higher-priority method or districts was not selected to provide
the service improvement. The Board of Trustees shall review such applications
with strict scrutiny under the Telecommunications Act of 1996 ("Federal
Act") as amended and SEQRA.
(3)
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the application
may be disapproved for any of the following reasons:
(a)
Conflict with safety and safety-related codes and requirements.
(b)
Conflict with the historic nature of a neighborhood or historic
district, where applicable.
(c)
Adverse aesthetic impact upon the overall character of the neighborhood
and surrounding community, or conflict with fundamental policy as
expressed within the Village's Comprehensive Plan and any other
applicable Village or regional planning document.
(d)
The applicant's failure to demonstrate, through submission
of objectively verifiable data, that the facility is needed in order
to fill service gaps within the Village under the Federal Act.
(e)
The applicant fails to satisfy any criteria for siting under
this section.
(f)
Adverse environmental impacts or resulting cumulative impacts
which cannot be mitigated pursuant to review of the application under
SEQRA.
G.
Procedures for review.
(2)
Decision by the Board of Trustees. In addition to all requirements and standards of this section, the Board of Trustees may approve or deny the applicable approval on the basis of the criteria and requirements set forth in Article 10 (Site Plan Review) and Article 11 (Special Use Permit Review) of this chapter, as applicable.
(3)
Preapplication meeting required for all proposals. The preapplication
meeting is intended to address issues to help expedite the review
and permitting process. A preapplication meeting should involve, at
a minimum, the applicant, a member of the Board of Trustees, the Village
Designated Engineer, and the Code Enforcement Officer and may consist
of a conference call, in-person meeting, and/or a site visit.
(4)
Relief, waiver, or exemption. Any applicant desiring relief, waiver
or exemption from any aspect or requirement of this section may make
such request at the preapplication meeting or, subsequently, to the
Board of Trustees. Any request for waiver or exemption from any aspect
of this section shall be contained in the original application. Such
relief may be temporary or permanent, partial, or complete. However,
the burden of proving the need for the requested relief, waiver or
exemption is solely on the applicant to prove. The applicant shall
bear all costs of the Village in considering the request and the relief,
waiver, or exemption. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief, waiver or exemption will have no significant
effect on the health, safety and welfare of the Village, its residents
and other services or the ability of the Board of Trustees to conduct
its review pursuant to this section.
H.
Application requirements. In addition to all other application requirements as stated in Article 10 (Site Plan Review) and Article 11 (Special Use Permit Review), all applications for the construction or installation of new wireless telecommunications facilities, co-location facilities, or modification of an existing wireless telecommunications facility shall contain the following, unless otherwise waived by the Board of Trustees:
(1)
Names, mailing addresses, phone numbers and email addresses of the
following parties, as appropriate:
(a)
The person(s) preparing the application.
(b)
The landowner of the project site to be purchased, leased, or
otherwise acquired.
(c)
The owner of a tower, building or structure on which co-location
is proposed, if the owner is not the applicant.
(d)
The applicant, including the applicant's legal name.
(e)
Engineering consultant(s).
(f)
Legal representative(s).
(g)
Other authorized service providers proposing to co-locate on
the wireless telecommunications facility.
(2)
The postal address and Tax Map parcel number(s) of the property.
(3)
Documentation to verify the applicant has the right to proceed as
proposed on the site. This requires an executed copy of the lease
with the landowner or landlord or a signed letter acknowledging authorization.
If the applicant owns the site, a copy of the ownership record is
required.
(4)
The zoning district in which the property is situated.
(5)
A descriptive statement of the objective(s) for the new facility,
modification, or co-location, including and expanding on a need such
as coverage and/or capacity requirements.
(6)
Documentation that demonstrates and proves the need for the wireless
telecommunications facility to provide service primarily and essentially
within the Village of Menands. Such documentation shall include propagation
studies of the proposed site and all adjoining planned, proposed,
in-service or existing sites that demonstrate a significant gap in
coverage and/or if a capacity need, including an analysis of current
and projected usage.
(7)
A certified site plan, accurately drawn to scale, containing the
following information:
(a)
Title block, including name of project, name of applicant, name
of map preparer, and address of the property.
(b)
Small-scale location and zoning map at a scale of one inch equals
2,000 feet; location map shall be oriented the same as the site plan.
(c)
North arrow.
(d)
Existing zoning district, with district boundaries within 500
feet of the site.
(e)
Existing vegetation, watercourses, and other natural features.
(f)
Existing use of all adjoining properties.
(g)
Names of all adjoining properties.
(h)
Locations and names of adjacent streets.
(i)
Boundary line of property, including any interior lot lines.
(j)
Size of the property in square feet.
(k)
Location, size, and height of all existing structures on the
property.
(l)
Existing structures, utilities, and site improvements on and
within 100 feet of the site.
(m)
The location of the nearest residential structure.
(n)
Existing parking, circulation, site access, storage, and the
number of parking spaces.
(o)
Type, locations and dimensions of all existing landscaping and
fencing.
(p)
Location of any proposed tower and antenna(s) and all related
fixtures, structures, appurtenances, and apparatus, including height
above preexisting grade, materials, color and lighting.
(q)
Azimuth, size and center-line height location of all proposed
and existing antennas on the supporting structure.
(r)
Where applicable, the following additional information shall
be provided:
[1]
Proposed buildings and other improvements (with building and
setback dimensions).
[2]
Existing and proposed utilities, including lateral locations,
sizes, and connection points.
[3]
The location, size and height of all proposed structures on
the property.
[4]
The type, locations and dimensions of all proposed landscaping,
vegetation, and fencing.
[5]
Proposed clearing and grading limits.
[6]
Proposed parking, circulation, site access, storage, service,
and display areas, with number of parking spaces.
[7]
Existing/proposed easements.
[8]
Existing and proposed site coverage statistics (building area,
paved area, and green space area in square feet and as a percentage
of the total site area).
[9]
A three-inch-by-three-inch block for site plan approval stamp
(at lower right side of plan).
(s)
The number, type and model of the antenna(s) proposed with a
copy of the specification sheet.
(t)
The make, model, type and manufacturer of the tower and design
plan stating the tower's capacity to accommodate multiple users.
(u)
Construction plans showing the elevation of the proposed wireless
telecommunications facility, tower, antennas, and/or accessory facilities
or structures. Show all foundations, piers, structural supports, crossarms,
guy wires and anchors, antenna-mounting mechanisms, lighting, and
signage. Label the size, material and color sample of wireless telecommunications
facilities, towers, antennas, and accessory facilities or structures,
including but not limited to equipment cabinets, fencing and storage.
(v)
The frequency, modulation, and class of service of radio or
other transmitting equipment.
(w)
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts.
(x)
A complete RF emissions study to verify compliance with FCC
emissions regulations.
(y)
A copy of the FCC license applicable for the intended use of
the wireless telecommunications facilities.
(z)
A copy of the geotechnical subsurface soils investigation, evaluation
report and foundation recommendation for a proposed or existing tower
site and, if an existing tower or water tank site, a copy of the installed
foundation design.
(aa)
A written copy of an analysis, completed by a qualified individual
or organization, to determine if the proposed new tower or existing
structure intended to support wireless facilities is in compliance
with Federal Aviation Administration Regulation Part 77, as amended
and if it requires lighting. This requirement shall also be for any
existing structure or building where the application increases the
height of the structure or building. If this analysis determines that
an FAA determination is required, then all filings with the FAA, all
responses from the FAA, and any related correspondence shall be provided
with the application. If lighting is required by law or regulation,
the applicant shall provide a detailed plan for sufficient lighting
with as unobtrusive and inoffensive an effect as is permissible under
state and federal regulations.
(bb)
Certification with documentation of the structural analysis,
including calculations that the wireless telecommunications facility
tower and foundation and attachments, rooftop support structure, water
tank structure, and any other supporting structure as proposed to
be utilized are designed and will be constructed to meet all local,
Village, state, and federal structural requirements for loads, including
wind and ice loads. To protect municipal services, any tower located
on Village property must be designed to withstand one-hundred-mile-per-hour
winds and one inch of radial ice.
(cc)
Documentation demonstrating that the facility will be sited
so as to minimize visual intrusion as much as possible, given the
facts and circumstances involved and will thereby have the least adverse
visual effect practicable on the environment and its character and
on the residences in the area of the wireless telecommunications facility.
(dd)
Visual impact assessment. If a new tower, proposal for a new
antenna attachment to an existing structure, or modification, the
applicant shall furnish a visual impact assessment, pursuant to the
following:
[1]
If a new tower or increasing the height of an existing structure
is proposed, a computer-generated zone of visibility map at a minimum
of one-mile radius from the proposed structure, with and without foliage,
shall be provided to illustrate locations from which the proposed
installation may be seen.
[2]
Pictorial representations of before and after (photo simulations)
views from key viewpoints both inside and outside of the Village as
may be appropriate, including but not limited to state highways and
other major roads; state and local parks; other public lands; historic
districts; preserves, and historic sites normally open to the public;
and from any other location where the site is visible to a large number
of visitors, travelers or residents, as so directed by the Board of
Trustees. Provide a map showing the locations from where the pictures
were taken and distance from the proposed structure. If sufficient
information regarding the proposed location and tower is provided
at the preapplication meeting, guidance concerning the appropriate
key sites may be provided by the Board of Trustees. Otherwise, guidance
would be provided at a later meeting.
[3]
A written description of the visual impact of the proposed facility,
including, as applicable, the tower base, guy wires, fencing and accessory
buildings from abutting and adjacent properties, state highways and
other major roads; state and local parks; other public lands; historic
districts; preserves and historic sites normally open to the public;
and from any other location where the site is visible to a large number
of visitors, travelers or residents, as so directed by the Board of
Trustees.
[4]
The applicant shall demonstrate and provide in writing and/or
by drawing how it shall effectively screen from view the base and
all related equipment and structures of the proposed wireless telecommunications
facility.
(ee)
In the case of an application for a new tower, a written report
demonstrating its meaningful efforts to secure shared use of existing
tower(s) or the use of alternative buildings or other structures within
the Village. Copies of written requests and responses for shared use
shall be provided to the Village in the application, along with any
letters of rejection stating the reason for rejection.
(ff)
In the case of an application for a co-location or modification
of an existing tower, the applicant is to provide signed documentation
of the tower condition such as an ANSI report as per Annex E, Tower
Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent
version. The inspection report must be performed every three years
for a guyed tower and five years for monopoles and self-supporting
towers.
(gg)
Any and all representations made by an applicant to the Board
of Trustees, on the record, during the application process, whether
written or verbal, shall be deemed a part of the application and may
be relied upon in good faith by the Board of Trustees.
I.
Minimum standards.
(1)
Height and visibility.
(a)
The height of a wireless communication tower shall be limited
to the minimum required to provide the proposed communications services.
(b)
Unless the wireless communications tower is proposed to be located
on or within a building or structure, the tower shall not project
higher than 20 feet above the average tree canopy height of the proposed
site, or surrounding property, if trees do not exist on said site,
or 195 feet, whichever is less. For the purposes of this section,
"average tree canopy height" shall be the average height above ground
level of all trees that provide camouflage for the wireless telecommunications
facility, such average to be determined by inventorying the trees
to remain after the construction of the wireless communications facility
or trees surrounding the site if no trees existing or will remain
on the site.
(2)
All wireless communications accessory structures shall comply with
zoning setback regulations in the affected zone.
(3)
All wireless communications towers shall be set back a distance at
least equal to 1 1/2 times the tower's height. Additional
setbacks may be required by the Board of Trustees in order to provide
for public safety. Freestanding towers shall be located in the rear
yard if the site has an existing principal building.
(4)
Safe zone. Wireless communication towers shall be designed so that
in the event of failure they will fall within the setback area of
the site and/or away from adjacent development.
(5)
Material and paint. Wireless communication towers and antennas shall
be of a galvanized finish, or painted gray above the surrounding tree
line, and gray or green below the tree line; the mountings of telecommunications
antennas shall be nonreflective and of the appropriate color to blend
with their background.
(a)
Accessory structures and facilities shall maximize use of building
materials, colors, and textures designed to blend with the natural
surroundings.
(b)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to approval of a special permit. Clear
cutting of all trees in a single contiguous area exceeding 20,000
square feet shall be prohibited.
(c)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property as well as from public sites known to include
important views or vistas. Where the site abuts residential or public
property, including streets, the following vegetative screening shall
be required. For all towers, at least one row of native evergreen
shrubs or trees capable of forming a continuous hedge at least 10
feet in height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor
soil conditions, planting may be required on soil berms to assure
plant survival. Plant height in these cases shall include the height
of any berm.
(d)
No portion of this site shall be used for storage or display
of any product or material, or for parking of any vehicles, or for
the conduct of any other business operations, unless specifically
designated for such use on this site development plan.
(e)
The applicant shall employ the latest current industry standard
in sound-minimizing technology and demonstrate to the satisfaction
of the Board of Trustees that all reasonably available technology
will be implemented so as to minimize auditory impacts from generators
or other ancillary equipment resulting from the proposal to adjacent
properties to a reasonable level in the judgment of the Board of Trustees.
(f)
Wireless communications towers shall not be artificially illuminated
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen shall, to
the fullest extent possible, cause the least disturbance to the surrounding
areas. Upon request from the Planning Board, the applicant shall provide
a copy of any analysis indicating a requirement for lighting under
Federal Aviation Regulation Part 77, as amended. If this analysis
determines that the FAA must be contacted, then all filings with the
FAA, all responses from the FAA and any related correspondence shall
be provided to the reviewing board in a timely manner.
(g)
All utilities leading to and away from the site of any communications
towers, antennas and accessory communications structures shall be
installed in compliance with the New York State Uniform Fire Prevention
and Building Code and shall be installed underground and in compliance
with all applicable ordinances, local laws, codes, rules, and regulations
of the Village, including specifically, but not limited to, the National
Electrical Safety Code and the National Electrical Code, where appropriate.
(h)
No signs or advertising materials of any nature shall be allowed
on any communications tower or antenna unless such signs consist of
warning signs or other notifications designed to alert the public
to safety concerns.
(i)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts or no
more than 10 feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(j)
Fencing. Sites of proposed new towers and sites where modifications
to existing towers are proposed shall be adequately fenced to prevent
unauthorized access, unless the applicant demonstrates to the Board
of Trustees that such measures are unnecessary to ensure the security
of the facility.
(k)
Security lighting. Motion-activated or staff-activated security
lighting around accessory communications structures, antennas or communications
towers may be provided if such lighting does not project off the site.
Such lighting should only occur when the area within the fenced perimeter
has been entered.
(l)
There shall be no permanent climbing pegs within 30 feet of
the ground on any tower.
(m)
A locked gate at the junction of the accessway and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such gate must not protrude into or interfere with the public right-of-way.
(n)
Inspection required. All accessory communications structures,
antennas or communications towers shall be inspected at least every
fifth year for structural integrity by a licensed New York State professional
engineer at the cost of the owner of the accessory communications
structure, antenna or communications tower. A copy of the inspection
report shall be submitted to the Code Enforcement Officer.
J.
Fees.
(1)
At the time that a person submits an application in accordance with
this section, such person shall pay a nonrefundable application fee.
Application fees shall be established by the Board of Trustees by
resolution. A fee schedule shall be made available upon request. No
required fee shall be substituted for any other fee.
K.
Removal.
(1)
The applicant shall submit an agreement, in writing, to remove all
accessory communications structures, antennas or communications towers
if such facilities become technically obsolete or cease to be used
for their original intended purpose for more than 12 consecutive months.
Upon removal of said facilities, the land shall be restored to its
previous condition, including but not limited to the seeding of exposed
soil.
(2)
The applicant must submit an analysis by a New York State licensed
professional engineer of the cost of removal of the accessory communications
structure, antenna and/or communications tower, as applicable, and
surrounding property restorations.
(3)
Prior to obtaining a building permit, the applicant must provide
a financial security bond or letter of credit reasonably acceptable
to the Board of Trustees for the removal of the accessory communications
structure, antenna and/or communications tower, with the Village of
Menands as the designated assignee, in an amount approved by the Board
of Trustees which is equal to the current projected cost for the removal
of the type of facility permitted, plus a reasonable escalation rate
based upon the anticipated useful life of the facility.
A.
Purpose and intent. The purpose and intent of this section is to
set forth requirements to allow for the establishment, siting, and
operation of electric vehicle supply equipment in order to protect
the public health, safety, and welfare of the residents of and visitors
to the Village of Menands, and to promote and facilitate access to
electric vehicle (EV) charging stations consistent with the Comprehensive
Plan.
B.
Unless otherwise waived by the Board of Trustees, any site plan for
a residential use that proposes 10 or more dwelling units or a nonresidential
use proposing more than 25 parking spaces shall make provisions for
the installation and use of one or more EV charging stations in accordance
with the following:
(1)
A minimum of one parking space with a Level 1 or Level 2 EV charging
station shall be required for all multifamily residential structures
that include 10 or more dwelling units.
(2)
Office, business, commercial or recreational and other nonresidential
uses, including civic, cultural, and not-for-profit uses (e.g., libraries,
day-care centers, schools, churches, etc.) that include 25 or more
automobile parking spaces shall provide at least one parking space
with convenient and suitable access to an EV charging station.
(3)
Parking spaces for nonresidential uses shall be designed and arranged
so that electric vehicle parking spaces are available for the parking
of an electric vehicle. Parking spaces designated on an approved site
plan for a public EV charging station shall be used exclusively for
the parking of a vehicle that is connected to the EV charging station
for charging.
(4)
All installed EV charging station parking facilities shall be maintained
in good operating condition at all times during the duration of the
proposed use.
(5)
In the event the Board of Trustees determines that the applicant
has demonstrated good cause to waive the installation of EV charging
station facilities otherwise required by this section, it shall require
that a sufficient number of spaces be provided with conduit and such
other equipment as may be necessary to enable an EV charging station
to be installed in the future with minimal inconvenience or disturbance
of parking areas.
C.
Standards for electric vehicle supply equipment.
(1)
Electric vehicle charging station, restricted use. An EV charging
station designated for restricted use shall be properly signed to
indicate the EV charging station is available to tenants and their
visitors and not for general public use.
(2)
Electric vehicle charging stations on residential property shall
not be available for public use.
(3)
Electric vehicle charging station, public use.
(a)
Electric vehicle parking and charging stations shall be equal in parking space size and performance standards as required in Article 8 (Automobile and Bicycle Parking) of this chapter.
(b)
Electric vehicle parking and charging stations shall not take
the place of accessible (ADA) parking spaces. Every effort should
be made to provide an accessible (ADA) charging station parking space.
(c)
Installation of electric vehicle supply equipment shall meet
National Electrical Code Article 625, as amended.
(d)
Charging station outlets and connectors shall be no less than
36 inches in height and no higher than 48 inches from the surface
where mounted.
(e)
Adequate EV charging station protection, such as concrete-filled
steel bollards, shall be installed. Curbing may be used in lieu of
bollards if the charging station is set back a minimum of 24 inches
from the face of the curb.
(f)
Adequate site lighting should be provided unless charging is
for daytime purposes only.
(g)
If time limits or vehicle removal provisions are to be applied,
regulatory signage including parking restrictions, hours and days
of operation, towing, and contact information shall be installed immediately
adjacent to, and visible from, the EV charging station.
(h)
The EV charging station shall not interfere with the minimum
pedestrian clearance widths as defined in Chapter 11 of the New York
State Building Code, as amended. Cords, cables, and connector equipment
shall not extend across the path of travel within a sidewalk or walkway.
A.
Purpose and intent. It is the policy of the Village to promote and
encourage the use of solar energy systems (as defined herein) and
to remove obstacles to the use of such systems. Use of solar energy
for space heating, water heating or generating electricity reduces
dependence upon finite fossil fuel resources, helps reduce the amount
of pollution resulting from the use of fossil fuels and reduces or
eliminates carbon dioxide emissions. In addition, these regulations
are intended to advance and protect the public health, safety, and
welfare of the Village of Menands.
B.
Applicability.
(2)
The requirements herein shall apply to all existing solar energy
systems installed and constructed after the effective date of this
section.
(3)
This section shall also apply to any upgrade, modification or structural
change that alters the physical size, electric generation capacity,
location or placement of an existing solar energy system.
(4)
Nonconforming solar energy systems. Nonconforming solar energy systems
existing on the effective date of this section may be altered or expanded,
provided that such alteration or expansion does not increase the extent
or degree of nonconformity.
(5)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code.
C.
Application requirements for Tier 1 and 2 ground-mounted solar energy
systems.
(1)
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the solar energy system.
Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(2)
Name, address, contact information, and signature of the project
applicant, as well as all the property owners, demonstrating their
consent to the application and the use of the property for the solar
energy system.
(3)
Nameplate capacity of the solar energy system (as expressed in kW
or MW).
(4)
Zoning district designation for the parcel(s) of land comprising
the facility.
(5)
Property lines and physical features, including roads, for the project
site.
(6)
Adjacent land uses on contiguous parcels within a certain radius
of the site boundary.
(7)
Proposed changes to the landscape of the site, including site grading,
vegetation clearing and planting, the removal of any large trees,
access roads, exterior lighting, signage, fencing, landscaping, and
screening vegetation or structures.
(8)
A one- or three-line electrical diagram detailing the entire solar
energy system layout, including the number of solar panels in each
ground-mount array, solar collector installation, associated components,
inverters, electrical interconnection methods, and utility meter,
with all National Electrical Code compliant disconnects and over current
devices. The diagram should describe the location and layout of all
battery energy storage system components if applicable and should
include applicable setback and other bulk and area standards.
(9)
A preliminary equipment specification sheet that documents all proposed
solar panels, system components, mounting systems, racking system
details, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of a
building permit.
D.
Application requirements for Tier 3 ground-mounted solar energy systems.
(1)
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the solar energy system.
Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(2)
Name, address, contact information, and signature of the project
applicant, as well as all the property owners, demonstrating their
consent to the application and the use of the property for the solar
energy system.
(3)
Nameplate capacity of the solar energy system (as expressed in MW).
(4)
Zoning district designation for the parcel(s) of land comprising
the facility.
(5)
Property lines and physical features, including roads, for the project
site.
(6)
Adjacent land uses on contiguous parcels within a certain radius
of the site boundary.
(7)
Proposed changes to the landscape of the site, including site grading,
vegetation clearing and planting, the removal of any large trees,
access roads, exterior lighting, signage, fencing, landscaping, and
screening vegetation or structures.
(8)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Board of Trustees.
(9)
A one- or three-line electrical diagram detailing the entire solar
energy system layout, including the number of solar panels in each
ground-mount array, solar collector installation, associated components,
inverters, electrical interconnection methods, and utility meter,
with all National Electrical Code compliant disconnects and over current
devices. The diagram should describe the location and layout of all
battery energy storage system components if applicable and should
include applicable setback and other bulk and area standards.
(10)
A preliminary equipment specification sheet that documents all
proposed solar panels, system components, mounting systems, racking
system details, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of building
permit.
(11)
A property operation and maintenance plan that describes continuing
site maintenance, anticipated dual-use, and property upkeep, such
as mowing and trimming.
(12)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant. The decommissioning
plan shall address the following:
(a)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(b)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(c)
The cost of decommissioning and removing the solar energy system,
as well as all necessary site remediation or restoration.
(d)
The provision of a decommissioning security which shall adhere
to the following requirements:
[1]
The deposit, executions, or filing with the Village Clerk of
cash, bond, or other form of security reasonably acceptable to the
Village Attorney and/or Engineer shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal.
[2]
The amount of the bond or security shall be 115% of the cost
of removal and site restoration for the Tier 3 solar energy system
and shall be revisited every five years and updated as needed to reflect
any changes (due to inflation or other cost changes). The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
[3]
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Village which shall be
entitled to maintain an action thereon. The cash deposit, bond, or
security shall remain in full force and effect until restoration of
the property as set forth in the decommissioning plan is completed.
E.
General provisions applicable to all solar energy systems.
(1)
Qualified installations. Solar energy systems shall be constructed,
installed, replaced or modified by a qualified solar installer, as
defined herein, except that homeowners may install their own personal
solar energy systems in accordance with this section. Any system installed
by a homeowner and not by a solar installer shall be inspected by
a licensed engineer specializing in solar energy systems and proof
of acceptability of system installation shall be provided to the Village
in all cases. Should any solar energy systems be connected to a public
electric transmission system grid, approvals must also be gained from
the appropriate utility and remain on file in the Code Enforcement
Officer.
(2)
Government approval. The applicant, owner or operator of a solar
energy system shall establish to the satisfaction of the Code Enforcement
Officer for Tier 1 solar energy systems and to the Board of Trustees
for Tier 2 and 3 solar energy systems that all applicable governmental
agencies with jurisdiction over the installation and operation of
such solar energy system have provided all permissions and approvals
necessary to install and operate such system. All such permissions
and approvals required after installation shall be provided to the
Code Enforcement Officer within seven days of their receipt.
(3)
Limitations of approvals.
(a)
Nothing in this section shall be deemed to allow any solar energy
system applicant, owner, or operator the right to remove any trees,
vegetation or other obstruction located on any real property over
which said owner or operator does not have fee title or a solar easement.
(b)
It shall be the sole responsibility of the solar energy system
applicant, owner, or operator to acquire any necessary solar easements
or other appropriate land use rights in order to provide for and maintain
appropriate solar access areas.
(4)
Glare.
(a)
All solar panels shall have anti-reflective coating(s).
(b)
Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties, or roadways.
(c)
Exterior surfaces of roof-mounted collectors and related equipment
shall have a nonreflective finish and shall be color-coordinated to
harmonize with roof materials and other dominant colors of the structure.
(5)
Waivers. The Board of Trustees may add or waive, by a simple majority
of its members, any requirement for a complete application submission
if it deems such waived or added requirements are appropriate in order
to accomplish the purposes of this section and this chapter, and that
such waived requirements are not found to be requisite in the interest
of the public health, safety or general welfare or considered inappropriate
or not applicable to the particular application.
F.
Standards for Tier 1 rooftop-mounted solar energy systems.
(1)
When attached to a pitched roof:
(a)
Shall be mounted with a maximum distance of eight inches between
the roof and surface of the highest edge of the system.
(b)
Shall be installed parallel to the roof surface on which they
are mounted.
(c)
Shall not extend higher than the highest point of the roof surface
on which they are mounted or attached.
(2)
When attached to a flat roof, shall not extend above the top of the
surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
G.
Standards for Tier 1 building-integrated solar energy systems. Building-integrated
solar energy systems shall be shown on the plans submitted for the
building permit application for the building containing the system.
H.
Standards for Tier 1 and Tier 2 ground-mounted solar energy systems.
(1)
Shall not exceed a height of 12 feet. Height measurements shall be
calculated when the ground-mounted solar energy system is oriented
at maximum tilt.
(2)
The location of the ground-mounted solar energy system shall be one
that is clearly suitable and sized.
(3)
The solar energy system and related structures and equipment may
be located on any part of the parcel in question in accordance with
the following requirements:
(a)
The solar energy system and related structures and equipment
may be located on any part of the parcel in question in accordance
with the following requirements:
[1]
Front yard: shall maintain the minimum front yard setbacks for
principal structures in accordance with this chapter and shall be
sufficiently screened from public rights-of-way and adjoining and
nearby properties to the maximum extent practicable through the use
of architectural features, earth berms, landscaping, or other screening
which will harmonize with the character of the property and surrounding
area.
[2]
Side yard: shall maintain the minimum side yard setbacks for
accessory structures in accordance with this chapter. Side yards should
be screened from public rights-of-way and adjoining and nearby properties
to the maximum extent practicable through the use of architectural
features, earth berms, landscaping, or other screening which will
harmonize with the character of the property and surrounding area.
[3]
Rear yard: shall maintain the minimum rear yard setbacks for
accessory structures in accordance with this chapter.
[4]
The total allowed maximum square feet of ground-mounted solar
panels shall not exceed the total roof area of the largest permitted
structure on the subject property. An applicant proposing to exceed
the total roof area of the largest permitted structure on the subject
property shall be required to obtain an area variance in accordance
with this chapter.
[5]
The total surface area covered by ground-mounted solar panels
regardless of the mounted angle, shall not be included in determining
total lot coverage. Any impervious surfaces constructed to serve as
a base for the ground-mounted system shall be counted towards the
total lot coverage for the subject lot.
I.
Standards for Tier 3 solar energy systems.
(1)
Local and compatibility.
(a)
The location for Tier 3 solar energy systems shall be one that
is clearly suitable and sized for such use, including, but not limited
to, having proper drainage and provisions for stormwater control and
the ability to adequately buffer such use from adjacent uses.
(b)
When siting a Tier 3 solar energy system, applicants shall first
consider the following preferred locations within allowed zoning districts:
Brownfields, transfer stations and closed landfills, sand and gravel
mines no longer in operation, and open fields not considered productive
farmland.
(c)
The proposed installation must be compatible with the adjacent
uses in terms of scale, siting, design, lighting, and noise generation,
and must comply with all New York State and Village codes and applicable
design standards or guidelines.
(d)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(2)
Height. Tier 3 solar energy system arrays shall not exceed 15 feet
in height when oriented to maximum tilt. All other structures and
equipment associated with the system shall comply with the height
restrictions of the underlying zoning district.
(3)
Setbacks. Tier 3 solar energy systems, including all arrays, associated
structures and equipment shall be located at least 100 feet from all
lot lines. The Board of Trustees reserves the right to require additional
setbacks to adequately buffer adjoining uses and public property.
(4)
Lot size. Tier 3 solar energy systems shall be located on lots with
a minimum lot size of 10 acres.
(5)
Lot coverage. All Tier 3 solar energy systems and associated accessory
structures and equipment shall not exceed the maximum lot coverage
requirement of the underlying zoning district. For the purposes of
this section, lot coverage shall include foundation systems, typically
consisting of driven piles or monopoles or helical screws with or
without small concrete collars; all mechanical equipment of the solar
energy system, including any pad-mounted structure for battery storage
systems components, switchboards, or transformers; and paved access
roads servicing the solar energy system.
(6)
Buffers and screening.
(a)
A minimum twenty-foot buffer, consisting of natural vegetation,
shall be provided around all mechanical equipment, associated structures,
and solar panel arrays to provide screening to adjacent properties
and to minimize glare on adjacent properties and roadways. Noninvasive
plant species and pollinator-friendly and wildlife-friendly native
plants, shrubs, trees, grasses, and wildflowers must be used in the
vegetative buffer. Existing trees and vegetation may be maintained
within such buffer areas except where dead, diseased or as necessary
for development or to promote healthy growth, and such trees and vegetation
may supplement or satisfy landscaping requirements as applicable.
If existing trees and vegetation are disturbed, new plantings shall
be provided for the buffer. The buffer shall be maintained for the
life of the facility.
(b)
When a Tier 3 solar energy system site adjoins property zoned
for residential use, an increase in the required vegetated buffer
may be required between the residential lot and site improvements
associated with the system. The additional buffer area shall be planted
with a mixture of evergreen and deciduous plantings at a height so
as to provide, as much as practicable, a visual screen of the ground-mounted
system from residential uses. The species type, location and planted
height of such landscaping shall be subject to the approval of the
Board of Trustees.
(c)
The Board of Trustees shall have the right to require a visual
assessment analysis, including photo simulations of the proposed project
from key viewpoints, including, but not limited to, public roads,
scenic viewsheds, parks, protected open space, buildings and properties
listed on the state and/or National Registers of Historic Places,
and any additional important resource or publicly accessible location.
(7)
Vegetative ground cover required.
(a)
Noninvasive ground cover under and beneath the rows of solar
panels shall be pollinator-friendly, low-maintenance, drought-resistant,
and non-fertilizer-dependent.
(b)
The project area will be seeded promptly following completion
of construction in such a manner as to reduce invasive weed growth
and sediment in the project area.
(c)
The use of herbicides and pesticides shall be strongly discouraged
and shall be limited to the maximum extent practical with natural
alternative solutions preferred.
(8)
Fencing.
(a)
All electrical and control equipment shall be secured to prevent
unauthorized access.
(b)
All Tier 3 solar energy systems shall be enclosed by fencing
which shall be located on the interior of the required vegetative
buffer. The Board of Trustees shall have the right to decide on the
type and height of fencing based on the location and screening needs.
(c)
The fence shall be wildlife friendly and shall have five-inch
by twelve-inch openings at ground level spaced no more than 100 feet
apart to allow unencumbered travel by small animals.
(9)
Underground requirements. All utility lines located outside of the
facility's fenced perimeter boundary shall be placed underground
to the extent feasible and as permitted by the serving utility, with
the exception of the main service connection at the utility company
right-of-way and any new interconnection equipment, including without
limitations any poles, with new easements and right-of-way.
(10)
Access. The applicant shall indicate on the site plan all existing
and proposed access routes to the site, including road, electric power,
emergency access, land-based telephone line connections, and other
utilities existing and proposed within the property boundaries of
the proposed location. Existing roadways shall be used for access
to the site whenever possible and determined acceptable by the Board
of Trustees.
(11)
Signs. All electrical and control equipment shall be labeled.
Solar equipment shall not be used for displaying any advertising.
All signs, flags, streamers, or similar items, both temporary and
permanent, are prohibited on solar equipment, except:
(12)
When solar storage batteries are included as part of the solar
energy system, they must be placed in a secure container or enclosure,
meeting the requirements of the New York State Uniform Fire Prevention
and Building Code when in use and when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village of Menands
and all other applicable laws and regulations. The applicant and Board
of Trustees shall refer to the New York Battery Energy Storage System
Guidebook, developed by the New York State Energy Research and Development
Authority during the planning, design and project review stages.
(13)
Ownership. In the case of an application for a Tier 3 solar
energy system to be located on private lands owned by a party other
than the applicant or the Village, a copy of the lease agreement with
the property owner shall be filed with the Code Enforcement Officer.
(14)
Proof of insurance. The applicant and the owner of the property
where the solar energy system is to be located shall file with the
Code Enforcement Officer proof of insurance in a sufficient dollar
amount to cover potential personal and property damage associated
with construction and operation of the system.
(15)
Any application under this section shall meet all applicable
provisions for site plan and special use permit approval in accordance
with the chapter.
(16)
Abandonment and decommissioning.
(a)
Purpose. It is the purpose of this section to provide for the
safety, health, protection and general welfare of persons and property
in the Village of Menands by requiring abandoned solar energy systems
to be removed pursuant to a decommissioning plan. The anticipated
useful life of such systems, as well as the volatility of the solar
industry, may create an environment for systems to be abandoned, thereby
resulting in a negative visual impact on the Village. Abandoned solar
energy systems may become unsafe by reasons of their energy-producing
capabilities and serve as an attractive nuisance.
(b)
Abandonment.
[1]
A Tier 3 solar energy system shall be deemed abandoned if the
system fails to generate and transmit electricity at a rate of more
than 10% of its rated capacity over a continuous period of one year.
A Tier 3 solar energy system shall also be deemed abandoned if the
facility is not completed and functioning within two years of being
issued final site plan and special use permit approval.
[2]
Extension of time. The time at which a Tier 3 solar energy system
shall be deemed abandoned may be extended by the Board of Trustees
for one additional year, provided that the system owner presents to
the Board a viable plan outlining the steps and schedules for placing
the system in service or back in service, at not less than 80% of
its rated capacity, within the time period of the extension. An application
for an extension of time shall be made to the Board of Trustees by
the Tier 3 solar energy system owner prior to abandonment as defined
herein. Extenuating circumstances as to why the system has not been
operating or why construction has not been completed may be considered
by the Board in determining whether to grant an extension.
(c)
Removal required. A Tier 3 solar energy system which has been
abandoned shall be decommissioned and removed. The system owner and/or
owner of the land upon which the system is located shall be held responsible
to physically remove all components of the system within one year
of abandonment. Removal of the system shall be in accordance with
a decommissioning plan approved by the Board of Trustees.
(d)
Decommissioning plan. All applications for a Tier 3 solar energy
system shall be accompanied by a decommissioning plan. The decommissioning
plan must ensure the site will be restored to a useful, nonhazardous
condition without delay, and shall at a minimum, include the following:
[1]
An estimate of the anticipated operational life of the system.
[2]
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work.
[3]
Identification of the party responsible for decommissioning.
[4]
Description of any agreement with the landowner regarding decommissioning.
[5]
A cost estimate prepared by a qualified professional engineer,
estimating the full cost of decommissioning and removal of the solar
energy system.
[6]
A financial plan to ensure that financial resources will be
available to fully decommission the site.
[7]
Removal of aboveground and below-ground equipment, structures,
and foundations.
[8]
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations.
[9]
Restoration of the surface grade and soil after removal of equipment.
[10]
Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
(e)
Financial surety.
[1]
As a condition of the special use permit and prior to the issuance
of a building permit and every three years thereafter, the Tier 3
solar energy system owner and/or landowner shall file with the Village
evidence of financial security to provide for the full cost of decommissioning
and removal of the solar energy system in the event the system is
not removed by the system owner and/or landowner. Evidence of financial
security shall be in effect throughout the life of the system and
shall be in the form of an irrevocable letter of credit or other security
acceptable to the Board of Trustees. The irrevocable letter of credit
shall include an automatic extension provision, to be issued by an
A-rated institution solely for the benefit of the Village. The Village
shall be entitled to draw on the letter of credit in the event that
the solar energy system owner and/or landowner is unable or unwilling
to commence decommissioning activities within the time periods specified
herein. No other parties, including the owner and/or landowner shall
have the ability to demand payment under the letter of credit. Upon
completion of decommissioning, the owner and/or landowner may petition
the Village to terminate the letter of credit. In the event ownership
of the system is transferred to another party, the new owner (transferee)
shall file evidence of financial security with the Village at the
time of transfer, and every three years thereafter, as provided herein.
Failure of a transferee to file evidence of financial security at
the time of transfer shall be considered a violation of this chapter.
[2]
Amount. The amount of the surety shall be determined by the
Village Engineer based upon a current estimate of decommissioning
and removal costs as provided in the decommissioning plan and subsequent
annual reports. The amount of the surety may be adjusted by the Village
upon receipt of an annual report containing an updated cost estimate
for decommissioning and removal.
(f)
Annual report. The Tier 3 solar energy system owner shall on
a yearly basis provide the Code Enforcement Officer a report showing
the rated capacity of the system and the amount of electricity that
was generated by the system and transmitted to the grid over the most
recent twelve-month period. The report shall also identify any change
in ownership of the system and/or the land upon which the system is
located and shall identify any change in the party responsible for
the decommissioning and removal of the system upon its abandonment.
The annual report shall be submitted no later than 45 days after the
end of the calendar year. Every third year, to coincide with the filing
evidence of financial security, the annual report shall also include
a recalculation of the estimated full cost of decommissioning and
removal of the system. The Village may require an adjustment in the
amount of the surety to reflect any changes in the estimated cost
of decommissioning and removal. Failure to submit a report as required
herein shall be considered a violation of this chapter.
(g)
Decommissioning and removal by Village. If the owner or operator
of the solar energy system fails to remove it in accordance with the
requirements of this section within 90 days of the proposed date of
decommissioning, as specified in the decommissioning plan, and provide
an absent notice of an extension granted by the Board of Trustees,
the Village may enter the property and physically remove the installation
at the expense of the property owner or against any financial surety
assigned to the Village as provided for above. The following procedure
shall be used for proceeding with town removal.
[1]
Upon a determination of the Code Enforcement Officer that a
solar energy system has been abandoned, the Code Enforcement Officer
shall notify the system operator, landowner and permittee by certified
mail: a] in the case of a facility under construction, to complete
construction and installation of the facility within 180 days; or
b] in the case of a full constructed facility that is operating at
a rate of less than 10% of its rated capacity, to restore operation
to the facility to no less than 80% of rated capacity within 180 days,
or the Village will deem the system abandoned and commence action
to revoke the special use permit approval.
[2]
Being so notified, if the system owner, landowner and/or permittee
fails to perform as directed by the Code Enforcement Officer within
the 180-day period, the Code Enforcement Officer shall notify the
system owner, landowner and permittee, by certified mail, that the
system has been deemed abandoned and the Village intends to revoke
the special use permit within 60 days of mailing said notice. The
notice shall also state that the permittee may appeal the Code Enforcement
Officer's determination of abandonment to the Zoning Board of
Appeals and request a hearing on the matter.
[3]
Said appeal and request for hearing must be made and received
by the Village within 20 days of mailing the notice. Failure by the
permittee to submit an appeal and request for hearing within the twenty-day
period will result in the special use permit being deemed revoked
as stated herein.
[4]
In the event the permittee appeals the determination of the
Code Enforcement Officer and requests a hearing, the Zoning Board
of Appeals shall schedule and conduct said hearing within 60 days
of receiving the appeal and request. In the event a hearing is held,
the Zoning Board of Appeals shall determine whether the system has
been abandoned, whether to continue the special use permit with conditions
as may be appropriate to the facts and circumstances presented to
the Zoning Board of Appeals, or whether to revoke the permit and order
removal of the system.
[5]
Upon determination by the Code Enforcement Officer or Zoning
Board of Appeals that a special use permit has been revoked, the decommissioning
plan must be implemented and the system removed within one year of
having been deemed abandoned or the Village may cause the removal
at the owner's and/or landowner's expense. If the owner
and/or landowner fails to fully implement the decommissioning plan
within one year of abandonment, the Village may collect the required
surety and use said funds to implement the decommissioning plan.
(h)
Removal by Village and reimbursement of Village expenses. Any
costs and expenses incurred by the Village in connection with any
proceeding or work performed by the Village or its representatives
to decommission and remove a solar energy system, including legal
costs and expenses, shall be reimbursed from the financial surety
posted by the system owner. Any costs incurred by the Village for
decommissioning and removal that are not paid for or covered by the
required surety, including legal costs, shall be assessed against
the property, shall become a lien and tax upon said property, shall
be added to and become part of the taxes to be levied and assessed
thereon, and shall be enforced and collected, with interest, by the
same officer and in the same manner, by the same proceedings, at the
same time and under the same penalties as are provided by law for
the collection and enforcement of real property taxes in the Village.
(i)
Prior to scheduled removal of the solar energy system as part
of decommissioning or for abandoned systems, a permit for removal
activities shall be obtained from the Code Enforcement Officer. Removal
shall include solar collectors, cabling, electrical components, accessory
structures, and any associated structures below grade.
A.
Purpose and intent. The purpose of this section is to establish regulations
to allow for outdoor illumination levels which are appropriate for
the use, while promoting safety and security, and minimizing the undesirable
side effects of excessive illumination, such as glare, light trespass,
and light pollution. Over time, it is the intent that this section
will allow for reasonably uniform illumination levels in the community.
B.
Recommended guidance document. Applicants and the Village should
refer to the Municipal Smart City Street Light Conversion & Evolving
Technology Guidebook, as amended, when planning outdoor lighting.
C.
Applicability and approvals required.
(1)
Where there is a conflict between this section and state or federal
regulations, the more stringent standards shall apply.
(2)
This section shall apply to all projects subject to subdivision,
special use permit, and/or site plan approval.
(3)
During subdivision, special use and/or site plan application reviews,
the Board of Trustees may require a lighting plan be submitted showing
the location, number, type/style, mounting height, and lighting levels
produced on the ground (i.e., photometric report).
D.
Requirements and standards.
(1)
Except where more stringent standards are required herein, all outdoor
lighting fixtures shall be, at a minimum, shielded, located, installed,
and directed in such a manner as to prevent objectionable light at
and across the property lines and to prevent direct glare at any location
on or off the property.
(2)
Exterior lighting fixtures on commercial, industrial, institutional,
and multifamily properties shall conform to the Illuminating Engineering
Society of North America (IESNA) criteria for full cutoff fixtures.
In addition, the lighting levels shall be designed to meet the minimum
requirements of the latest recommended levels set forth by IESNA.
Where no standard from IESNA exists, the Planning Board shall determine
the appropriate level, taking into account levels for the closest
IESNA activity.
(3)
To minimize the indiscriminate use of illumination, lighting, except
as required by security, shall be extinguished during nonoperating
hours. Where practicable, lighting installations are encouraged to
include timers, sensors, and dimmers to reduce energy consumption
and unnecessary lighting.
(4)
Parking lots. Parking lots shall not exceed light levels necessary
for safety and for locating vehicles at night. The lighting plan shall
be designed so that the parking lot is lit from the outside perimeter
inward and/or design features are incorporated with the intent of
eliminating off-site light spillage.
(5)
Canopy and roof overhang. Lights installed on canopies or roof overhangs
shall be recessed so that the lens cover is flush with the bottom
surface of the canopy or overhang. Lights shall not be mounted on
the sides or top of the canopy or overhang.
(6)
Security cameras. Facilities which employ security cameras may employ
lighting to ensure proper function during all times when such cameras
are in use.
(7)
Energy efficient/LED lighting shall be required and equal to 3,000
Kelvin or lower to provide good visibility and a warm lighting color.
(8)
The Village Board of Trustees, in coordination with law enforcement
officials, reserves the right to require the outside perimeter of
any building to be sufficiently illuminated to facilitate surveillance.
(9)
Spacing of all lighting shall be as necessary to provide the desired
level of lighting, taking into consideration safety, surveillance
needs, and light trespass on nearby properties or roadways.
E.
Prohibited exterior lighting. The following types of lighting are
prohibited.
(1)
Searchlights, except those used for governmental, emergency, and
law enforcement purposes.
(2)
Strobe lights, laser lights, or revolving lighting.
(3)
Blinking, pulsating, tracing, or flashing lights, unless temporarily
triggered by a security system.
(4)
Any fixture that may be construed as or confused with a traffic signal,
traffic control device or maritime navigational markers.
(5)
Lighting that is determined by law enforcement personnel to contribute
to disabling or distracting glare into a public roadway.
F.
Exemptions. The following uses shall be exempt from the provisions
of this section:
(1)
Temporary carnival, circus, religious, historic, or civic use.
(2)
Construction or emergency lighting, provided that such lighting is
temporary and is discontinued immediately upon completion of the construction
work or abatement of the emergency necessitating said lighting.
(3)
Temporary/seasonal lighting, including holiday lighting.
(4)
Outdoor light fixtures installed on and in connection with those
facilities and land owned or operated by a public utility, the federal
government, the State of New York, Albany County, the Village of Menands,
or any department, division, agency, or instrumentality thereof. Voluntary
compliance with the purpose and intent of this section at those facilities
is strongly encouraged.
G.
Inspections. The Village of Menands reserves the right to request
a post-installation nighttime inspection to verify compliance with
the provisions of this section and, if appropriate, to require remedial
action.
H.
Maintenance. Lighting fixtures shall be maintained so as to always
meet the requirements of this section.
A.
Distance between motor vehicle fueling stations. No motor vehicle
fueling station (station) shall be installed within 1,500 feet of
any other motor vehicle fueling station, unless such station shall
be installed on the opposite side of the street, highway, or thoroughfare,
in which event such station shall not be installed within 900 feet
of the nearest station.
